' This is a revision petition against the order, dated 28-7-1976 passed by the Additional Commissioner, Hyderabad Division, whereby he rejected as time-barred the appeal of the petitioner in respect of grant of land in deh Makran, Taluka Bad in.
2. The facts of the case briefly stated are that petitioner was granted an area of 16 acres (Piece `D') from U. A. No, 98 of deh Makran Taluka Badin on Harap conditions during the year 1962. During the year 1967, the grant of the petitioner was revised for B. Nos. 74/6, 75/4 and 90/2 area 5-11 Acres on 'account of rectangulation survey. In the year 1976 the petitioner preferred an appeal against the older reducing his grant from 16 Acres to 5-11 Acres but his appeal was rejected as time-barred by the Additional Commissioner, vide the impugned order ; hence the present revision petition.
3. Heard the counsel for the petitioner and representative of the Revenue Officer, Kotri Barrage, Hyderabad. The grant of the petitioner is stated to have been revised in the year 1967 but there is nothing on record to show that the petitioner had any knowledge about it earlier. Besides, I do not see any justification for reduction of the grant of the petitioner from 16-0 Acres to 5-11 Acres on the ground of rectangulation survey. Firstly, rectangulation survey does not envisage such reductions in the areas and secondly, if there has to be any reduction it has to be proportionately' divided amongst all the land-holders of the deh. Such arbitrary reduction are hardly protected by the provisions of Survey and Rectangulations of Land Ordinance and the rules made thereunder. The order reducing the holding of the petitioner to such an extent is simply absurd and cannot be maintained. In view of this petition, the revision petition is upheld and the case is remanded to the Revenue Officer, Kotri Barrage, Hyderabad for fresh orders and depriving the petitioner of only that much area under rectangulation as would be justified under the rules and practice in vogue and keeping the above observations in view. He shall pass orders after hearing all concerned parties.